Chief Justice Maria Lourdes Sereno goes on leave

MANILA, Philippines — Bracing for a grueling Senate impeachment trial, Chief Justice Maria Lourdes Sereno announced yesterday she is taking a 15-day “wellness leave” beginning tomorrow.

Sereno announced her decision after a session of justices yesterday morning. Her decision came just as the House justice committee was winding down deliberations on the impeachment complaint against her that was filed by lawyer Lorenzo Gadon.

At least two sources said Sereno made the decision after being confronted by fellow justices about the issues in her impeachment case, including her alleged ineligibility for her post over her failure to comply with the 10-year requirement for her statement of assets, liabilities and net worth in the Judicial and Bar Council for her appointment in 2012.

Sources claimed Sereno would be on leave indefinitely and that some of her colleagues asked her to step down.

“She was asked to resign. One of the justices even dared her to submit their resignation together,” one of the sources said.

But the Chief Justice rejected the challenge and asked her colleagues to allow the Senate to finish the impeachment trial first.

A “majority” of the justices did not accept Sereno’s offer and decided to have an executive session on the matter without Sereno in the session room.

The insider said the Chief Justice then requested a meeting with the two other most senior members of the Court – Senior Associate Justice Antonio Carpio and Associate Justice Presbitero Velasco Jr.

“After the meeting, she announced that she will take an indefinite leave,” the other source added.

Her spokespersons announced to the media that she is only taking a “wellness leave” from March 1 to 15.

Lawyers Jojo Lacanilao and Josa Deinla said the Chief Justice only decided to advance her leave – originally set later next month – to prepare for a Senate impeachment trial.

They denied reports that Sereno was “forced” by her colleagues in the SC to take an indefinite leave.

“The Chief Justice is going on a wellness leave, something she has filed for long before. It was supposed to be from March 12 to 23, but it will now be from March 1 to 15,” Lacanilao explained.

“The leave is her personal decision. There’s nothing to show based on records that she was forced to take a leave,” the lawyer stressed.

“It’s lamentable how sessions (of justices) are no longer confidential,” Deinla added.

Time to reflect

At Malacañang, presidential spokesman Harry Roque said Sereno’s leave of absence should be an opportunity for her to chart her next move.

“As the Chief Justice takes her wellness leave, we hope she would take this as an opportunity to reflect on her time and legacy at the Supreme Court and to consider what would be best for the institution which she heads as top magistrate,” Roque said.

“The decision of Chief Justice Ma. Lourdes Sereno to file a wellness leave is a personal matter,” he said.

Roque said the Palace expects that the day-to-day operations of the SC would not be hampered by Sereno’s absence.

“We are confident that there would be no interruption on the day-to-day operations of the high court and services would continue unhampered,” the official said.

Sereno’s decision to take a leave also came after the release of an open letter purportedly from “concerned officials and personnel of the Supreme Court” calling for her immediate resignation.

The unsigned letter specifically called on Sereno to now resign “considering the evidence revealed and testimonies given during the impeachment hearings.”

“We hereby manifest our loss of trust, faith and confidence in Your Honor, Chief Justice Sereno, and call on Your Honor to resign now from Your Honor’s position as chief justice of the Supreme Court,” read the three-page letter.

“We can and will no longer remain silent as the institution falls deeper into disrepute with each passing day and our officers and personnel pitted against one another, as a consequence of Your Honor’s actions and indiscretions,” it added.

Last week, the justices tackled the SALN issue against Sereno and decided in session to require her and regular members and officers of the Judicial and Bar Council (JBC) to answer the letter.

Also covered by the order were JBC members Jose Mejia and Ma. Milagros Fernan-Cayosa, former members retired Justices Aurora Lagman and Regino Hermosisima Jr., executive officer Annaliza Ty-Capacite and former chief of office of selection and nomination, now Judge Richard Pascual.

In its two-page letter obtained by The STAR, the House justice committee asked the SC justices to take “appropriate action” on the preliminary findings in the impeachment proceedings that Sereno supposedly did not comply with the 10-year SALN requirements for her application for the top SC post.

No recommendation

 The two psychiatrists who conducted the evaluation on Sereno didn’t recommend that she become one of the nominees for the highest judicial post in 2012, an expert witness said in yesterday’s House impeachment hearing.

“I agree with the findings of the psychologists that based on their findings, it is not recommendable (that she become chief justice),” Geraldine Tria, whom the justice committee tapped to be one of the resource persons to assess Sereno’s mental and emotional background, told the lawmakers. 

She disclosed that Sereno’s intelligence quotient is 109, which is “average.”

“Based on the interviews I gathered, there were those whose grades were higher,” she said of Sereno’s fellow applicants to the post vacated by the late chief justice Renato Corona.

 “We do agree with the evaluation of Dra. Tria,” said psychiatrist Genuina Ranoy, who administered the tests along with fellow psychiatrist Dulce Liza Sahagun-Reyes. Both Ranoy and Reyes were fired by Sereno in 2013.  

Tria alleged that Sereno manifested “five of the nine symptoms” for one who has abnormalities, among them a “lack of empathy for others, grandiosity for self-importance, interpersonally exploitative of others, self-righteousness and a power tripper.” 

 According to her, this showed in Sereno’s unilateral decisions in a collegial body like the high court, where she can decide based on mood swings. “She shows a little regard for others. They don’t get along. The validation of this is the testimony of the witnesses.” 

 Tria said the post of heading the third branch of government should be handled by somebody with an “above average” IQ.

SALN oversight

Among the documents forwarded to the high court were certifications issued by the University of the Philippines and Office of the Ombudsman showing that Sereno only filed SALNs in 2009, 2010 and 2011 prior to her appointment as chief justice.

The letter was addressed to Senior Associate Justice Carpio and other associate justices of the SC.

In their earlier testimonies before the House panel, Associate Justices Diosdado Peralta and Teresita Leonardo-de Castro slammed Sereno for her failure to meet such documentary requirement during her application for the chief justice post to replace the late ousted chief justice Renato Corona.

Peralta said this development has put into question the legitimacy of Sereno’s appointment as chief justice, which he said could be considered “void from the start,” and that her holding the position may be on de facto status only.

De Castro, for her part, believed that it was “great injustice” for other nominees to the chief justice post knowing that the one appointed by then president Benigno Aquino III was actually not qualified due to incomplete requirements.  – With  Delon Porcalla, Marvin Sy, Christina Mendez